The Income Tax Act of 1961 is a comprehensive statute that governs the taxation system in India, outlining the obligations, exemptions, and procedures associated with income tax on individuals and corporations. This act is pivotal for anyone earning income within India, as it provides the framework for tax liabilities and potential deductions one can claim. In the context of home purchases, the act includes specific provisions that can be beneficial for homeowners.
For instance, it offers tax relief on mortgage interest payments and principal repayments under various sections, which can make buying a home more affordable. Therefore, understanding the intricacies of the Income Tax Act can significantly impact your financial planning, particularly when considering the purchase of a home through a home loan. Knowing how to navigate these tax benefits can lead to substantial savings, making it crucial for potential homebuyers to familiarise themselves with these aspects before securing financing for their home.
Budget 2026 update - old Income Tax Act 1961 vs. new Income Tax Act 2025
The Income Tax Act, 2025 was passed by Parliament in August 2025 and later received the President’s approval. The Government has confirmed that the new law will come into effect from 01 April 2026. This marks a major change in India’s direct tax system, as the long-standing Income-tax Act, 1961 will be replaced by the newly introduced Income Tax Act, 2025.
Over the years, the 1961 Act had become very detailed and lengthy, running into nearly 6 lakh words. Many provisions were amended multiple times, which made the law difficult for common taxpayers to understand. Frequent disputes between taxpayers and the tax department also arose due to unclear wording in certain sections. Some older provisions had lost relevance in today’s economic environment, and the limited tax base meant that large parts of the informal sector remained outside the system.
The new Act aims to simplify and modernise the tax structure without drastically changing the overall tax policy. It is organised in a more logical and structured manner, covering definitions, heads of income, deductions, exemptions, tax rates, filing of returns, assessments, reassessments, appeals, penalties, and dispute resolution. While the structure and language have been updated for clarity, the core framework of taxation remains broadly similar, ensuring continuity.
Another important change is the introduction of the concept of “Tax Year” in place of the earlier “Assessment Year”. Under the new system, the tax year will mean the 12 months beginning from 01 April. For newly set up businesses or new sources of income, the tax year will begin from the date of commencement and end on 31 March of that financial year. The financial year will continue to run from 01 April to 31 March.
Aspect |
Income Tax Act, 1961 |
Income Tax Act, 2025 |
Structure and language |
Lengthy, complex and amended several times, making it difficult to interpret |
Shorter, clearer and arranged in a systematic manner for easy understanding |
Word count |
Nearly 6 lakh words with many outdated provisions |
Reduced by almost half after removing redundant and obsolete sections |
Tax year concept |
Followed the concept of Previous Year and Assessment Year |
Introduces the concept of “Tax Year” replacing Assessment Year |
Litigation |
Frequent disputes due to unclear drafting |
Aims to reduce disputes through clearer wording and structured provisions |
Compliance |
Higher compliance burden with multiple detailed rules |
Simplified compliance with rationalised TDS/TCS provisions and streamlined processes |
Policy framework |
Traditional framework with multiple amendments over decades |
Retains core policy but modernises presentation and administration |
New Income Tax Bill 2025 - Updates
A new Income Tax Bill was presented in parliament on February 13, 2025. This bill replaced the existing Income Tax Act, which had been in use for many decades.
Through this bill, the government tried to make the law simpler and easier for everyone to understand (both for taxpayers and the tax department).
For those unaware, the old Income Tax Act had 298 sections, 23 chapters, and 14 schedules. However, the new bill has expanded to 536 sections, 23 chapters, and 16 schedules. At first, this may seem like the law has become longer. However, the actual number of pages has come down from 890 pages in the old law to only 622 pages in the new one.
Now, if we talk about the key changes, the new act has removed the terms “Assessment Year” and “Previous Year,” which were often confusing for many taxpayers. In the new bill, all the rules will be based on the “Tax Year,” which is the same as the Financial Year (from 1st April to 31st March).
Additionally, our honourable finance minister said the new law is written in a simpler style. It has fewer words and shorter sentences. The main goal of this bill is to:
- Reduce confusion
- Ease compliance
- Avoid litigations between the tax department and taxpayers
Easy-to-understand provisions will also bring more clarity for individuals and businesses while filing taxes.
What is the Income Tax Act 1961?
The Income Tax Act, 1961, is the central law that explains how income tax is collected in India. It tells us:
- Who should pay income tax?
- How much to pay?
- When to pay?
- How will the government collect it?
This law is used by the Income Tax Department to calculate and collect taxes from individuals, businesses, and companies. The current law has 298 sections and 23 chapters. They cover all rules related to:
- Income
- Exemptions
- Deductions
- Penalties
- Refunds
Additionally, the Income Tax Act is a direct tax law. This means the person who earns the money pays the tax directly to the government based on their income.
Chapters of the Income Tax Act 1961
The Income Tax Act, 1961, is divided into 23 different chapters. Each chapter covers a different part of the law, like:
- Who needs to pay tax?
- How is income calculated?
- What deductions are allowed? and more
Some chapters are further divided into sub-parts to explain the rules more clearly. For your reference, an overview table has been added below covering all the chapters:
Chapter |
Overview |
Chapter I |
An introduction of the Income Tax Act and its overview. |
Chapter II |
The beginning and scope of the IT Act. |
Chapter III |
Income that does not form a part of the total income. |
Chapter IV |
How is total income calculated? |
Chapter V |
Other income sources of individuals which form a part of the assessee’s income, like capital gains, businesses, properties and more. |
Chapter VI |
Aggregation of income, carry forward of loss and set off. |
Chapter VIA |
Deductions applicable while calculating total income. |
Chapter VIB |
Restriction on specific deductions for companies. |
Chapter VII |
Parts of total income on which income tax is not applicable. |
Chapter VIII |
Applicable rebates and reliefs while calculating income tax. |
Chapter IX |
Contains information on double taxation relief. |
Chapter X |
Special cases in which assessees do not have to pay income tax. |
Chapter XA |
General anti-avoidance rules for income tax. |
Chapter XI |
Additional tax implications on undistributed profits. |
Chapter XII |
Rules of tax calculation in special cases. |
Chapter XIIA |
Special rules on certain Non-Resident Indian (NRI) income. |
Chapter XIIB |
Special tax provisions for certain companies. |
Chapter XIIBA |
Special tax provisions for certain limited liability partnerships. |
Chapter XIIBB |
Special tax rules when the Indian branch of a foreign bank gets converted to a subsidiary company. |
Chapter XIIBC |
Special tax rules for companies which are resident in India. |
Chapter XIIC |
Special tax rules for retail trade. |
Chapter XIID |
Special tax rules for the distributed profits of domestic companies. |
Chapter XII DA |
Special tax rules for the distributed income of domestic companies for buying back shares. |
Chapter XIIE |
Special tax rules for distributed income |
Chapter XIIEA |
Special tax rules for distributed income by securitisation trusts. |
Chapter XIIEB |
Special tax rules for accredited income of specific institutions and trusts. |
Chapter XIIF |
Special tax rules for income from venture capital funds and venture capital companies. |
Chapter XIIFA |
Special tax rules for business trusts. |
Chapter XIIFB |
Special tax rules for the income of investment fund schemes and the income received from them. |
Chapter XIIG |
Special tax rules for the income of shipping organisations. |
Chapter XIIH |
Tax implications on fringe benefits. |
Chapter XIII |
Information of Income Tax Authorities. |
Chapter XIV |
Procedure of income tax assessment. |
Chapter XIVA |
Special rules for avoiding repeated appeals. |
Chapter XIVB |
Special rules for assessing search cases. |
Chapter XV |
Tax liabilities in special cases. |
Chapter XVI |
Special tax rules applicable to firms. |
Chapter XVII |
Rules of tax collection and recovery. |
Chapter XVIII |
Tax relief on dividend income in specific cases. |
Chapter XIX |
Tax Refunds. |
Chapter XIXA |
Case settlements. |
Chapter XIX-AA |
Role of Dispute Resolution Committee in specific cases. |
Chapter XIXB |
Advance rulings. |
Chapter XX |
Appeals and revision. |
Chapter XXA |
Immovable property acquisition in special cases of transfer to prevent tax evasion. |
Chapter XXB |
Mode of accepting payments or repayments in special cases in order to counteract tax evasion. |
Chapter XXC |
Buying of immovable property by the central government in certain transfer cases. |
Chapter XXI |
Imposable penalties. |
Chapter XXII |
Punishable offences and prosecutions. |
Chapter XXIB |
Certificates of tax credit. |
Chapter XXIII |
Miscellaneous. |
Do you want to read more about what is written inside each chapter of the Income Tax Act, 1961? You can download the full document in PDF format. This document is available on the official website of the Income Tax Department of India. It gives complete details about all the tax rules and sections.
Provisions of Income Tax Act 1961
The Income Tax Act, 1961, governs taxation in India and includes key provisions such as:
- Tax slabs: Specifies income brackets and corresponding tax rates.
- Deductions: Allows deductions under various sections like 80C (for investments), 80D (for medical insurance premiums), and 80G (for donations).
- Assessment: Defines procedures for assessing taxable income, filing returns, and audits.
- TDS (Tax Deducted at Source): Mandates deduction of tax at source by payers before making certain payments.
- Capital gains: Regulates tax on profits from the sale of assets.
- Penalties and appeals: Outlines penalties for non-compliance and procedures for appeals.
These provisions ensure clarity and compliance in income tax matters for individuals and businesses alike.
Main objectives of the Income Tax Act of 1961
- Comprehensive framework: The Income Tax Act 1961 forms the backbone of tax administration in India, governing the levying, collecting, and recovery of taxes.
- Multifaceted objectives: It aims to promote price stability, achieve full employment, foster economic development, mitigate balance of payment difficulties, and control cyclical fluctuations.
- Regulatory role: Through its rules and regulations, the Act contributes to stabilising prices, managing private spending, and addressing inflation concerns.
Scope of the Income Tax Act of 1961
Under the Income Tax Act, 1961, the tax liability is determined based on an assessee’s:
Residential status
and
The source of income
Usually, there are three types of taxpayers based on residency:
- Resident and Ordinarily Resident (ROR)
- Resident but Not Ordinarily Resident (RNOR)
- Non-Resident (NR)
Now, different types of income are taxed differently for each group. Let’s understand how through the table below:
Type of income |
Resident and Ordinarily Resident (ROR) |
Resident but Not Ordinarily Resident (RNOR) |
Non-Resident (NR) |
Income earned in India (Accrued) |
Taxable |
Taxable |
Taxable |
Income received or considered received in India |
Taxable |
Taxable |
Taxable |
Foreign income brought into India (earned earlier) |
Not taxable |
Not taxable |
Not taxable |
Income earned outside India from a business/ profession inside India |
Taxable |
Taxable |
Not taxable |
Income earned outside India from a business/ profession outside India |
Taxable |
Not taxable |
Not taxable |
Features of the Income Tax Act of 1961
Here are some salient features of the Income Tax Act of 1961:
- Direct tax: Income tax is a form of direct tax that must be borne by individual taxpayers. It cannot be transferred to another individual.
- Central government control: The Central Government of India oversees income tax administration and collection.
- Applicability: The Act applies to the taxpayer's income earned in the previous year.
Application of the Income Tax Act
The Income Tax Act, 1961, is followed and applied across India through a combination of:
- Rules
- Laws
- Court decisions
- Government announcements
These supporting systems ensure minimum revenue leakage and better management of public money. Let’s understand in detail how this Act is implemented:
1. Income Tax Rules, 1962
The Central Board of Direct Taxes (CBDT) created the Income Tax Rules, 1962, to enforce income tax laws. These rules explain how different sections of the Act should be applied in real situations.
They provide clear instructions to taxpayers and tax officers on how to follow the Act correctly.
2. Finance Act
Every year (usually in February), the Ministry of Finance introduces a Finance Bill in Parliament. This bill proposes changes to tax laws, such as:
- Increase/ decrease of corporate tax rate
- Changes in income tax slabs
- Updates in surcharge and cess rates
- Policy amendments, and more
After discussions in both the Lok Sabha and Rajya Sabha, the bill must be approved by the President. Once approved, it becomes the Finance Act and officially changes the tax rules.
3. Judicial announcements
Sometimes, there are disputes or confusion regarding how tax laws should be interpreted. In such cases, the Supreme Court of India steps in to make final decisions. These judgments must be followed by everyone in the country.
4. Government notifications and circulars
The government and the CBDT regularly issue notifications and circulars. These are official explanations that clear doubts about the meaning or application of tax laws.
They guide both taxpayers and tax officers. By issuing them, CBDT also tries to improve transparency about procedures in the Income Tax Act.
How to calculate income tax in India
To calculate income tax in India:
- Determine your total income from all sources.
- Subtract applicable deductions and exemptions to arrive at the taxable income.
- Refer to the income tax slab rates to ascertain the tax liability based on your income bracket.
- Apply the relevant surcharge and cess as per your income level.
- Finally, subtract any taxes already paid through TDS or advance tax to arrive at the final tax payable or refundable amount.
Important considerations of the Income Tax Act of 1961
The Income Tax Act of 1961, a comprehensive statute governing income tax in India, encompasses several critical aspects:
- Taxation types: It covers both direct taxes on various income sources and indirect taxes applicable during the sale of goods and services.
- Structure: With 298 sections distributed across 23 chapters, it comprehensively addresses all taxation-related matters.
- Deductions: The act allows deductions, albeit subject to maximum limits within a financial year.
- Amendments: It undergoes periodic revisions to accommodate evolving economic conditions.
Residential status: Tax liability hinges on the taxpayer's residential status.
Who Is Liable to Pay Income Tax?
Under the Income Tax Act, not just individuals but several different types of entities are considered “persons” who are required to pay income tax. As per Section 2(31) of the Income Tax Act, below are different types of persons who are legally responsible to pay tax on their income:
- Individual
- Hindu Undivided Family (HUF)
- Company
- Firm
- Association of Persons (AOP) or Body of Individuals (BOI)
- Local authority
- Artificial juridical person
Thus, any person or entity that earns income in India (whether it's an individual, a company, or a group) must pay income tax based on their earnings and status under the Income Tax Act.
Important sections of the Income Tax Act 1961
The Income Tax Act, 1961 provides several sections through which individuals can reduce their tax burden through deductions. These deductions are allowed for specific types of expenses and investments made during the financial year. Below are some key sections that every taxpayer should know:
Section 80C
Section 80C is one of the most commonly used sections to save tax. Under this section, taxpayers can claim a deduction of up to Rs. 1.5 lakh in a financial year by investing in:
- Public Provident Fund (PPF)
- Life Insurance Premiums
- Employee Provident Fund (EPF)
- National Savings Certificates (NSC)
- 5-year fixed deposits with banks
- Paying tuition fees for children
It also allows deduction for payments made towards principal repayment of home loans.
Section 80CCD
This section provides additional benefits beyond Section 80C. If you invest in the National Pension System (NPS) or Atal Pension Yojana (APY), you can claim a further deduction under Section 80CCD(1B), up to Rs. 50,000.
Please note that this deduction is over and above the Rs. 1.5 lakh limit under Section 80C.
Section 80D
Under this section, you can claim deductions on premiums paid for health insurance. The maximum deduction is Rs. 25,000 for self, spouse, and dependent children.
If you are also paying the premium for your parents, you can claim an extra Rs. 25,000. Furthermore, if your parents are senior citizens (aged 60 or above), this additional deduction limit increases to Rs. 50,000.
Section 80DD
Section 80DD is useful for taxpayers who are taking care of family members (spouse, children, parents, or siblings) with a disability. You can claim a fixed deduction of Rs. 75,000 if the dependent has a disability (40% or more).
For severe disability (80% or more), the deduction goes up to Rs. 1.25 lakh. The deduction is allowed for medical expenses, such as:
Nursing and rehabilitation
or
Insurance bought for the dependent's benefit
Section 80DDB
Under this section, you can claim deductions for medical expenses incurred on the treatment of specific serious illnesses such as:
- Cancer
- Kidney failure
- Neurological diseases, and more.
This section covers you or your dependent family members (like parents, spouse, children, or siblings). The maximum deduction is Rs. 40,000, which increases to Rs. 1 lakh if the patient is a senior citizen. A doctor’s certificate is required to claim this benefit.
Section 80E
Under this section, you can claim a deduction on the interest paid on education loans taken for higher studies. There is no upper limit for this deduction. You can claim this benefit for up to 8 years starting from the year you begin repaying the loan.
The loan can be taken for self, spouse, children, or a student for whom you are the legal guardian.
Section 80TTA
This section allows individuals and Hindu Undivided Families (HUFs) to claim a deduction of up to Rs. 10,000 per year on interest earned from savings accounts held in:
- Banks
- Post offices
- Co-operative banks
Please note that this section does not cover interest earned on fixed deposits or recurring deposits. Only interest from savings accounts qualifies for this benefit.
Section 80U
Section 80U is for individuals who themselves have a disability. The deduction amount is Rs. 75,000 for normal disability and Rs. 1.25 lakh for severe disability (80% or more).
Unlike Section 80DD (which applies to dependents), this section benefits the person with the disability directly. To claim the deduction, a medical certificate is needed from a certified authority.
Conclusion
The Income Tax Act of 1961 provides a foundational structure for the administration of income tax across India, offering clarity and guidelines on various tax-related issues. This act not only supports the government's fiscal policies but also offers significant advantages to individuals, particularly those looking to purchase homes. By leveraging the benefits under this act, potential homeowners can substantially reduce their tax burden through smart investment in real estate. Opting for a Bajaj Housing Finance Home Loan can further enhance this advantage, offering tailored, cost-effective financing options that make acquiring a home more accessible and financially viable. Understanding and utilising these financial and tax mechanisms can lead to substantial long-term benefits, reinforcing the importance of comprehending such comprehensive legislation in achieving financial security and fulfilling homeownership dreams.